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Balance Sheet Account Detail
6 Months Ended
Jun. 30, 2015
Organization, Consolidation and Presentation of Financial Statements [Abstract]  
Balance Sheet Account Detail
BALANCE SHEET ACCOUNT DETAIL
The composition of selected financial statement captions that comprise the accompanying Condensed Consolidated Balance Sheets are summarized below:
(a) Cash and Cash Equivalents and Marketable Securities
As of June 30, 2015 and December 31, 2014, our holdings included within “cash and cash equivalents” and “marketable securities” were at major financial institutions.
Our investment policy requires that investments in marketable securities be in only highly-rated instruments, which are primarily U.S. treasury bills or U.S. treasury-backed securities, and limited investments in securities of any single issuer. We maintain cash balances in excess of federally insured limits with reputable financial institutions. To a limited degree, the Federal Deposit Insurance Corporation (FDIC) and other third parties insure these investments. However, these investments are not insured against the possibility of a complete loss of earnings or principal and are inherently subject to the credit risk related to the continued credit worthiness of the underlying issuer and general credit market risks. We manage such risks on our portfolio by investing in highly liquid, highly rated instruments, and limit investing in long-term maturity instruments.
 
The carrying amount of our equity securities, money market funds, bank certificate of deposits (“Bank CDs”), and mutual funds approximates their fair value (utilizing Level 1 or Level 2 inputs – see Note 2(xiii)) because of our ability to immediately convert these instruments into cash with minimal expected change in value.
The following is a summary of our “cash and cash equivalents” and “marketable securities”:
 
 
 
 
 
 
 
 
 
 
Marketable Securities
 
Cost
 
Gross
Unrealized
Gains
 
Gross
Unrealized
Losses
 
Estimated
fair
Value
 
Cash and cash
equivalents
 
Current
 
Long
Term
June 30, 2015
 
 
 
 
 
 
 
 
 
 
 
 
 
Bank deposits
$
65,277

 
$

 
$

 
$
65,277

 
$
65,277

 
$

 
$

Money market funds
76,994

 

 

 
76,994

 
76,994

 

 

Bank CDs
245

 

 

 
245

 

 
245

 

Mutual funds
3,063

 

 

 
3,063

 

 
3,063

 

Total cash and equivalents and marketable securities
$
145,579

 
$

 
$

 
$
145,579

 
$
142,271

 
$
3,308

 
$

December 31, 2014
 
 
 
 
 
 
 
 
 
 
 
 
 
Bank deposits
$
62,997

 
$

 
$

 
$
62,997

 
$
62,997

 
$

 
$

Money market funds
66,945

 

 

 
66,945

 
66,945

 

 

Bank CDs
244

 

 

 
244

 

 
244

 

Mutual funds
3,062

 

 

 
3,062

 

 
3,062

 

Total cash and equivalents and marketable securities
$
133,248

 
$

 
$

 
$
133,248

 
$
129,942

 
$
3,306

 
$


As of June 30, 2015, none of these securities had been in a continuous unrealized loss position longer than one year.
(b) Property and Equipment
“Property and equipment, net of accumulated depreciation” consist of the following: 
 
June 30, 2015
 
December 31, 2014
Computer hardware and software
$
3,824

 
$
3,616

Laboratory equipment
609

 
643

Office furniture
348

 
344

Leasehold improvements
2,872

 
2,847

Property and equipment, at cost
7,653

 
7,450

(Less): Accumulated depreciation
(6,388
)
 
(6,045
)
Property and equipment, net of accumulated depreciation
$
1,265

 
$
1,405


Depreciation expense (included within “total operating costs and expenses” in the accompanying Condensed Consolidated Statements of Operations) for the six months ended June 30, 2015 and 2014, was $0.4 million and $0.7 million in each period.
 
(c) Inventories
“Inventories” consist of the following: 
 
June 30, 2015
 
December 31, 2014
Raw materials
$
1,061

 
$
1,507

Work-in-process*
5,216

 
3,979

Finished goods
2,517

 
3,714

Inventories
$
8,794

 
$
9,200

*We have contractual commitments to receive $6.4 million of raw materials for the future manufacture of ZEVALIN (representing strategic long-term supply), with expected delivery in the fourth quarter of 2015. Inventories at June 30, 2015 include $0.8 million of ZEVALIN work-in-process (representing packaged, but unlabeled vials) with expiry in December 2017. We expect to sell our existing and committed ZEVALIN inventory over the next few years. However, if our forecasted ZEVALIN sales or production strategy changes, it could result in a charge in that period to “cost of product sales (excludes amortization of intangible assets)” within the Condensed Consolidated Statements of Operations.
(d) Prepaid expenses
“Prepaid expenses” consist of the following:
 
June 30, 2015
 
December 31, 2014
Prepaid operating expenses
$
2,008

 
$
3,112

Short term debt issuance costs
680

 
662

Prepaid expenses
$
2,688

 
$
3,774


(e) Other receivables
“Other receivables” consist of the (i) amounts we expect to be refunded from taxing authorities, primarily relating to fiscal year 2012 income taxes paid, (ii) amounts we expect to receive related to the CASI promissory note, (iii) amounts we will be reimbursed from our directors and officers insurance carrier, and (iv) amounts we expect to be reimbursed from certain third-parties for incurred research and development expenses. 
 
June 30, 2015
 
December 31, 2014
Income tax receivable
$
1,651

 
$
1,387

CASI secured promissory note (see Note 10)
1,500

 

Insurance receivable
365

 

Research and development expenses - reimbursements due
4,729

 
4,102

Other receivables
$
8,245

 
$
5,489


(f) Intangible Assets and Goodwill
“Intangible assets, net of accumulated amortization” consist of the following: 
 
 
 
June 30, 2015
 
Historical
Cost
 
Accumulated
Amortization
 
Foreign
Currency
Translation
 
Impairment
 
Net Amount
 
Full
Amortization
Period
(months)
 
Remaining
Amortization
Period
(months)
MARQIBO IPR&D (NHL indication)
$
17,600

 
$

 
$

 
$

 
$
17,600

 
n/a
 
n/a
EVOMELA IPR&D
7,700

 

 

 

 
7,700

 
n/a
 
n/a
BELEODAQ distribution rights
25,000

 
(1,875
)
 

 

 
23,125

 
160
 
148
MARQIBO distribution rights
26,900

 
(6,384
)
 

 

 
20,516

 
81
 
57
FOLOTYN distribution rights
118,400

 
(24,752
)
 

 

 
93,648

 
152
 
119
ZEVALIN distribution rights – U.S.
41,900

 
(28,871
)
 

 

 
13,029

 
123
 
45
ZEVALIN distribution rights – Ex-U.S.
23,490

 
(7,966
)
 
(4,023
)
 

 
11,501

 
96
 
57
FUSILEV distribution rights*
16,778

 
(7,912
)
 

 
(7,160
)
 
1,706

 
56
 
6
FOLOTYN out-license**
27,900

 
(7,747
)
 

 
(1,023
)
 
19,130

 
110
 
85
Total intangible assets
$
305,668

 
$
(85,507
)
 
$
(4,023
)
 
$
(8,183
)
 
$
207,955

 

 

 
* On February 20, 2015, the U.S. District Court for the District of Nevada found the patent covering FUSILEV to be invalid, and on February 27, 2015, we filed a Notice of Appeal of that decision. On March 6, 2015, the Court of Appeals for the Federal Circuit temporarily enjoined Sandoz International from launching its proposed generic levo-leucovorin products. On April 24, 2015, it was announced that Sandoz has commercialized a generic levo-leucovorin product. These events represented a “triggering event” under applicable GAAP for purposes of evaluating our FUSILEV distribution rights' recoverability as of March 31, 2015. Our impairment evaluation resulted in a $7.2 million impairment charge (non-cash) in the first quarter of 2015, and accelerated amortization expense recognition over the remainder of 2015 for the remaining $2.6 million net book value of FUSILEV distribution rights.

** On May 29, 2013, we amended our collaboration agreement with Mundipharma in order to modify the scope of their licensed territories and the respective development obligations. As a result of the amendment, Europe and Turkey were excluded from Mundipharma’s commercialization territory, and royalty and milestone rates were modified. The modification of our associated royalty and milestone rights constituted a change in the contractual provisions under which we measured our original acquired intangible asset (i.e., FOLOTYN rights). We determined that an impairment charge (non-cash) of the FOLOTYN out-license rights to Mundipharma of $1.0 million resulted from this amendment.
    
 
 
 
December 31, 2014

Historical
Cost
 
Accumulated
Amortization
 
Foreign
Currency
Translation
 
Impairment
 
Net Amount
MARQIBO IPR&D (NHL indication)
$
17,600

 
$

 
$

 
$

 
$
17,600

EVOMELA IPR&D
7,700

 

 

 

 
7,700

BELEODAQ distribution rights
25,000

 
(937
)
 

 

 
24,063

MARQIBO distribution rights
26,900

 
(4,225
)
 

 

 
22,675

FOLOTYN distribution rights
118,400

 
(20,030
)
 

 

 
98,370

ZEVALIN distribution rights – U.S.
41,900

 
(27,134
)
 

 

 
14,766

ZEVALIN distribution rights – Ex-U.S.
23,490

 
(7,402
)
 
(2,162
)
 

 
13,926

FUSILEV distribution rights
16,778

 
(6,270
)
 

 

 
10,508

FOLOTYN out-license
27,900

 
(6,385
)
 

 
(1,023
)
 
20,492

Total intangible assets
$
305,668

 
$
(72,383
)
 
$
(2,162
)
 
$
(1,023
)
 
$
230,100



Intangible asset amortization and impairment expense recognized during the six months ended June 30, 2015 and 2014 was $20.9 million, of which $13.7 million relates to current period amortization expense and $7.2 million relates to the impairment of the FUSILEV distribution rights, compared to $11.4 million of amortization expense, respectively.

Estimated intangible asset amortization expense (excluding incremental amortization from the reclassification of IPR&D to developed technology) for the remainder of 2015 and the five succeeding fiscal years and thereafter is as follows:

Years Ending December 31,
 
Remainder of 2015
$
13,835

2016
24,256

2017
24,256

2018
24,257

2019
21,651

2020
15,727

2021 and thereafter
58,673

 
$
182,655


“Goodwill” is comprised of the following:
 
June 30, 2015
 
December 31, 2014
Acquisition of Talon
$
10,526

 
$
10,526

Acquisition of ZEVALIN Ex-U.S. distribution rights
2,525

 
2,525

Acquisition of Allos
5,346

 
5,346

Foreign currency exchange translation effects
(402
)
 
(202
)
Goodwill
$
17,995

 
$
18,195


(g) Other assets
“Other assets” are comprised of the following: 
 
June 30, 2015
 
December 31, 2014
Equity securities (see Note 10)*
$
9,676

 
$
8,501

Supplies
241

 
234

2018 Convertible Notes issuance costs**
1,826

 
2,171

Executive officer life insurance – cash surrender value
8,209

 
6,958

Other assets
$
19,952

 
$
17,864

* These equity securities were excluded from “marketable securities” (see Note 3(a)) due to our intent to hold these securities for at least one year beyond June 30, 2015, as discussed in Note 10. Unrealized gains from these equity securities were recognized through “unrealized gain on available-for-sale securities" within the Condensed Consolidated Statements of Comprehensive Loss, and were $2.6 million for the six months ended June 30, 2015.

** In April 2015, the FASB issued Accounting Standards Update ("ASU") 2015-03, Simplifying the Presentation of Debt Issuance Costs (“ASU 2015-03”). ASU 2015-03 requires that debt issuance costs related to a recognized debt liability be presented in the balance sheet as a direct deduction from the carrying amount of that debt liability. However, ASU 2015-03 does not impact the recognition and measurement guidance for debt issuance costs.  ASU 2015-03 is effective for our annual and interim reporting periods beginning January 1, 2016.  Accordingly, we will record a reclassification of our 2018 Convertible Notes issuance costs, from “other assets” to “convertible senior notes” within our Consolidated Balance Sheets, beginning January 1, 2016.
(h) Accounts payable and other accrued liabilities
“Accounts payable and other accrued liabilities” are comprised of the following:
 
June 30, 2015
 
December 31, 2014
Trade accounts payable and other accrueds
$
18,180

 
$
24,571

Accrued rebates
39,502

 
41,782

Accrued product royalty
3,009

 
5,182

Allowance for returns
1,586

 
1,135

Accrued data and distribution fees
2,729

 
3,952

Accrued GPO administrative fees
2,843

 
3,222

Inventory management fee
660

 
1,110

Allowance for chargebacks
3,314

 
4,040

Accounts payable and other accrueds
$
71,823

 
$
84,994


Amounts presented within “accounts payable and other accrued liabilities” in the accompanying Condensed Consolidated Balance Sheets specifically for GTN estimates (see Note 2(i)) are as follows:
Description
Rebates and
Chargebacks
 
Data and
Distribution,
GPO Fees, and
Inventory
Management
Fees
 
Returns
Balance as of December 31, 2013
$
33,967

 
$
5,373

 
$
2,900

Add: provisions (recovery)
76,636

 
21,330

 
(78
)
(Less): credits or actual allowances
(64,781
)
 
(18,419
)
 
(1,687
)
Balance as of December 31, 2014
45,822

 
8,284

 
1,135

Add: provisions
38,632

 
9,636

 
899

(Less): credits or actual allowances
(41,638
)
 
(11,688
)
 
(448
)
Balance as of June 30, 2015
$
42,816

 
$
6,232

 
$
1,586


(i) Deferred revenue
Deferred revenue (including current and long-term) is comprised of the following:

June 30, 2015
 
December 31, 2014
CASI out-license (see Note 10)
$

 
$
9,959

FUSILEV deferred revenue*
7,039

 

Dr. Reddy's out-license (see Note 13(b)(iii))
462

 

Deferred revenue
$
7,501

 
$
9,959

* In the first quarter 2015, we deferred revenue recognition for $7.0 million related to certain FUSILEV product shipments that did not meet our revenue recognition criteria (see Note 2(i)(a)). The deferral resulted from our inability to estimate the rebate value (with requisite precision) that we expect to offer to our customers later in 2015, in order to compete with the generic levo-leucovorin products. 

(j) Other long-term liabilities
Other long-term liabilities are comprised of the following:
 
June 30, 2015
 
December 31, 2014
Accrued executive deferred compensation
$
5,989

 
$
4,694

Deferred rent (non-current portion)
275

 
364

Business acquisition liability

 
300

Other tax liabilities
730

 
730

Other long-term liabilities
$
6,994

 
$
6,088